Questions tagged [federal-courts]
Questions about the federal judiciary of the United States (as opposed to state court systems).
120
questions
8
votes
2
answers
2k
views
Can federal courts overturn state court decisions on matters of state law?
If a state court rules, for example, that a particular state law is unconstitutional under the state constitution, can this decision be overturned by a federal court?
- 5,559
1
vote
1
answer
113
views
Would the US Marshals have concurrent jurisidction to arrest January 6 protesters with active federal warrants along with the FBI?
I have family members who work in the US Marshals that I will be seeing soon for Thanksgiving.
While I can certainly submit tips to the FBI, such process is rather impersonal and is just more ...
- 2,160
0
votes
4
answers
234
views
How long do courts have to follow precedents?
It was recently in the news that the Eight Circuit Court of Appeals has decided that only the federal government can sue under Section 2 of the Voting Rights Act.
However, this past June, the Supreme ...
- 198k
-1
votes
1
answer
75
views
Is there any minimum sentence faced by SBF?
The widely reported maximum sentence available faced by Bankman Fried is 115 years. Is there any minimum?
- 43.9k
0
votes
1
answer
74
views
Can an american tax payer sue a researcher that knowingly conducted fraudulent research with taxpayer funded grants?
There has been an uptick in cases of academic fraud being reported in the mainstream media.
With websites like retraction watch tracking the general field of things.
Popular commentators such as Pete ...
- 195k
2
votes
3
answers
177
views
Technical basis for the binding nature of precedent or stare decisis
I understand that US district courts are generally required to follow precedent set by the appeals court directly superior to the district court, while opinions of other appeals courts may be ...
- 171
4
votes
1
answer
220
views
Can I use a recorded phone call as evidence in a federal court case if I'm a participant in the conversation (in two single-party consent states)?
Would it be legal for me to record a phone call, without the other party’s explicit knowledge or consent that it was being recorded beforehand, as long as I, a participant in the conversation, consent ...
- 195k
18
votes
2
answers
4k
views
Why are there two case numbers for United States v. Trump?
There are two almost identical case numbers assigned for the case United States v. Trump. The dockets are almost identical.
1:23-cr-00257-TSC USA v. TRUMP PACER CourtListener
1:23-cr-00257-TSC-1 - ...
- 612
14
votes
1
answer
3k
views
Do Federal courts have the authority to dismiss charges brought in a Georgia Court?
News Headlines indicate: Mark Meadows asks federal court for Georgia charges to be dismissed
Under what statute do Federal courts have the authority to intervene in a state (Georgia) trial? Any ...
- 43.9k
4
votes
2
answers
2k
views
Can defendants arraigned in federal court sometimes be "out on bail" secretly with no way for the public to know about or verify the bail?
In this answer to my Politics SE question *Is former president Trump "out on bail" as Chris Christie asserts? If so, were campaign funds used? which ends:
Bail is a particular type of bond ...
- 2,200
8
votes
1
answer
4k
views
Does Trump have the right to waive a jury trial and request a bench trial in the classified documents case?
In the Federal criminal case against Donald Trump in the Mar-a-Lago classified documents case, does former president Trump have the ability to waive a jury trial and request a bench trial?
Given ...
- 43.9k
3
votes
2
answers
185
views
Are US federal guidelines and statistics available for sentencing for "possession of a gun by an addict"?
After 04:44 in CNN's June 22, 2023 Was Hunter Biden given a 'sweetheart deal'? Legal expert weighs in, the senior legal analyst for CNN, and former assistant United States Attorney Elie Honig says:
...
- 195k
2
votes
1
answer
84
views
what are the fines for negligent administration of social security numbers?
Years ago (about 2001) I read a USC statute that stated that the fine for negligent storage of social security number could result in a $10k 'per record' fine.
I have been looking for this USC or ...
- 35.1k
29
votes
1
answer
4k
views
Why the obscure but specific description of Jane Doe II in the original complaint for Westenbroek v. Kappa Kappa Gamma Fraternity?
In Westenbroek v. Kappa Kappa Gamma Fraternity (2023), filed in the Wyoming District of U.S. court, the plaintiffs are seven women, members of Kappa Kappa Gamma sorority at University of Wyoming, ...
- 137
-1
votes
2
answers
73
views
Limitations of State law
Given the seemingly faulty law reported in WSJ, this gives rise to the question: When states define & enforce ill-conceived law, is Federal law (Constitutionality) the only limit to state law?
...
- 4,831
1
vote
3
answers
169
views
Can someone summarize the ruling in Texas Mifepristone ruling?
I started reading the ruling in Alliance for Hippocratic Medicine v. FDA, but it's 60 pages long and full of the expected legalese.
Can someone summarize the argument of the plaintiffs and the legal ...
- 1,730
3
votes
4
answers
539
views
In the United States, what decides whether a case should go to the state courts or the federal courts?
The United States has a dual judiciary system with a state court system and a federal court system with the US Supreme court.
If there is a person who is accused of breaking both state and federal ...
- 2,041
0
votes
1
answer
64
views
Procedural Rules v Federal Law?
This question is inspired by @ohwilleke response to my previous question.
In his response, ohwilleke highlighted the following point:
Isn't the the Appellate Division in NJ required to uphold the ...
- 43.9k
-4
votes
3
answers
98
views
Is there a path through the courts to sue the US government to allow a national referendum?
I know there’s not an existing avenue to get a national referendum on the ballot, but is there a path through the court system, the damages being that the elected representatives are benefiting from a ...
- 29k
-2
votes
2
answers
194
views
Could a state enforce a law that establishes a definition of "biological sex"?
There appears to be no federal law establishing a definition of "biological sex", according to an earlier Law SE question: Is there a definition of "biological sex" in U.S. law?
...
- 195k
0
votes
0
answers
19
views
To what extent are state courts bound to the descsion of circuit courts? [duplicate]
It is my understanding that federal courts usually only bind other federal courts, not state courts. Similarly, state courts usually bind only other state courts. A decision by the U.S Ninth Circuit ...
- 581
4
votes
1
answer
43
views
Default judgement on failure to respond to summons
In the case "Raising Cane's USA, LLC et al v. Twins Chicken Inc", Plaintiff delivers a summons and Defendant appears to never reply. After 3 months, Plaintiff voluntarily withdraws their ...
- 33.8k
1
vote
1
answer
120
views
What is "look through" analysis?
For a federal court to hear a case it must have both subject matter jurisdiction and personal jurisdiction.
Federal court retains subject matter jurisdiction via 1) federal question jurisdiction or 2) ...
- 8,651
1
vote
1
answer
60
views
Diversity of Citizenship in Federal Court Jurisdiction?
According to this thread, one of the three criteria in filing suit to compel arbitration in federal court is diversity of citizenship.
Suppose Party A enters into a business contract with Party B. ...
- 35.1k
0
votes
3
answers
53
views
motion practice and timeliness
If a defendant does not timely reply to a response, then a judge orders the defendant to file a reply within x amount of days; is that prejudicial to the responding party?
Prejudicial to plaintiff ...
- 107
1
vote
1
answer
1k
views
Are lawyers allowed to keep charging money after termination?
I was wondering if attorneys are allowed to keep charging money even after termination. The situation is this: a lawyer has been terminated. A new lawyer has been retained and he/she has filed notice ...
- 19
0
votes
0
answers
80
views
Filling a double lawsuit to compel arbitration in both state and federal court?
Federal courts are authorized to hear cases when the case involves federal question jurisdiction. State courts, on the other hand, are authorized to hear civil cases when the case involves state law. ...
- 581
0
votes
0
answers
47
views
Do federal courts favor arbitration compared to state courts?
On OgleeTree.com I read this:
State courts historically have been more hostile to arbitration than
federal courts.
Do federal courts tend to favor arbitration over state courts? Aren't both federal ...
- 43.9k
4
votes
1
answer
297
views
Serving summons on a defendant who is a U.S. Federal Government official: original or copy?
A civil lawsuit against federal government officials is served by certified mail. This is in accordance with Fed. R. Civ. P. 4 (i):
(i) Serving the United States and Its Agencies, Corporations, ...
CommunityBot
- 1
8
votes
1
answer
945
views
In the United States, must state courts follow rulings by federal courts of appeals?
In the United States, must state courts follow rulings by federal courts of appeals?
- 43.9k
12
votes
4
answers
3k
views
Why is the federal judiciary of the United States divided into circuits?
There are many questions (and answers) on this site pertaining to circuit splits.
It is also my understanding that rulings/interpretations made by courts are binding on all lower courts within their ...
- 43.9k
8
votes
1
answer
2k
views
Why is Oklahoma divided into three districts?
The United States Court of Appeals for the Tenth Circuit hears appeals from the district courts of the states of Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. With one exception, each ...
- 617
6
votes
1
answer
267
views
In what cases is a U.S. Federal Executive Official named in a lawsuit in their official capacity as a defendant and when is the US itself named?
I was curious under what situations the United States is named as the defendant in a lawsuit as opposed to when a U.S. Federal Executive Official (or agency) is named (in their official capacity) as ...
- 195k
2
votes
1
answer
310
views
Can expert witnesses testify beyond the scope of their deposition testimony?
Under the Federal Rules of Evidence (FRE), can expert witnesses talk about something that was not included in their deposition transcript but is related to the case at hand?
- 57.2k
0
votes
1
answer
47
views
I am trying to find a case that contained language about campaign promises about legislation being actively legislated
I had simply searched for cases that dealt with campaign promises and when they are legally binding or illegal. I have tried to find the case again because it did a good job of explaining why unkept ...
- 57.2k
0
votes
1
answer
41
views
How to resolve a conflict between deadlines for state-court appeals and removal to federal court?
Plaintiff sues defendant under state law in state court.
On January 1, the court issues an order that would give rise to an interlocutory appeal by the defendant. Assume defendant has 30 days to file ...
- 195k
5
votes
2
answers
2k
views
Could Congress create a court higher than the Supreme Court?
Could Congress create a court that could overrule SCOTUS decisions?
- 2,913
5
votes
1
answer
170
views
Why does the Ninth Circuit court include so many states?
It appears odd that the ninth circuit contains not just so many states, which by itself would not be unique, but so many states with addition of California. Circuit courts for NY, FL, TX from what I ...
- 195k
5
votes
3
answers
2k
views
Ahmaud Arbery defendants invoke Georgia State Law as a Defense in Federal Court
It is my understanding that three defendants face a Federal hate crime involving the shooting death of Ahmaud Arbery.
In April 2021, all three men were indicted on federal charges of one
count each ...
- 617
3
votes
2
answers
278
views
Are defendants legally obliged to provide all culpatory evidence to prosecution?
There is a similar question that doesn't address this one. The question here is whether or not all evidence requested by prosecution must be provided by the defense? If the defense plans on only using ...
- 195k
4
votes
1
answer
366
views
Do any published cases exist grant a mistrial or new trial because of internet issues, computer issues, or other technical troubles?
FRCP Rule 52: Harmless and Plain Error:
(a) Harmless Error. Any error, defect, irregularity, or variance that does not affect substantial rights must be disregarded.
Are there any published case ...
- 195k
0
votes
1
answer
91
views
How does Judge Boasberg’s court order affect asylum seekers who crossed the border illegally?
If someone comes to America seeking asylum, the first step is for them to have a Credible Fear interview with a USCIS Asylum Officer to find out if they have a credible fear of persecution if they ...
- 3,875
1
vote
1
answer
96
views
Why couldn’t declaratory reliefs in U.S. courts be used as a way forward to stop law-enforcement violence and overturn “qualified immunity”?
Summary of judgement is easier to achieve for civil remedies against claims against the law enforcement since a very narrow construction is used for a wrong having to match the facts of a previously ...
- 3,875
1
vote
1
answer
1k
views
How much would Novak Djokovic’s legal fees be?
Novak Djokovic just lost his appeal against his visa being cancelled in the Australian Federal Court and was ordered to pay all costs.
There was 1 court session and a judgement later same day.
What ...
- 198k
2
votes
1
answer
94
views
Authority of opposite decision on international law of other U.S. court of appeals in state court in instant circuit court
Say the U.S. Court of Appeals for the 9th Circuit decides that the provision of a self-executing, ratified-by-the-U.S. international treaty which provides for an individual right does not provide such ...
- 113k
0
votes
2
answers
56
views
Finding record of jury selection (peremptory challenges and challenges for cause) on PACER?
I am looking for records of the jury selection process in federal U.S. cases.
I am particularly interested in records indicating the names of prospective jurors and whether they were challenged ...
- 195k
0
votes
1
answer
112
views
Are SCOTUS justices required to recuse themselves when their appointment is after briefs have been filed in the case?
Yesterday, the US Supreme Court announced a schedule change for Gloucester School Board v. G.G., which would push the due date for respondent's merits brief as far back as Febuary 23, 2017. The ...
- 113k
1
vote
2
answers
102
views
How does the federal court’s decision to freeze Biden’s 100 employees or more mandate affect our jobs?
On Saturday 11/6/2021 the federal appeals court froze Bidin’s law that companies that had 100 employees or more have to be tested or get the vaccine and now this law has been frozen.
See article
https:...
- 113k
4
votes
1
answer
714
views
Citing federal court cases as authorities in state court
Do federal court rulings (non-appeal) function as estoppel or persuasive authority for them to be cited as authorities in state court civil complaints when the question at stake relates to state laws?
- 113k
1
vote
1
answer
169
views
Does a case continue if class certifcation is denied?
If a Motion for Class Certification is denied by the court, does the case continue?
I'm trying to research litigation against a specific US company and I've come across some cases in which the court ...
CommunityBot
- 1